2024-05-25 16:26:56
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In an order from the Minister of Info and Communication dated Might 21, 2024, the approvals authorizing the set up and operation of the Fim, Djoma, Espace and Candy media have been withdrawn. Minister Fama Soumah motivates this determination by the truth that these media, in keeping with the content material of his decree, wouldn’t respect the content material of the specs, in accordance with the laws in power within the Republic of Guinea. This determination was notified by the ARPT to the media involved. However what does Guinean laws really present for on this space? Is the Ministry of Info and Communication approved to hold out such an train? These are all questions that Guinean opinion is asking itself at the moment.
Underneath the provisions of article 3 of the Legislation regarding Attribution, Composition, Group and Operation of the Excessive Authority of Communication of the Republic of Guinea, “The HAC in collaboration with the Ministry of Info and Communication examines information for the creation and exploitation of audiovisual media in compliance with the specs drawn up by the ministry.
The Ministry of Info and Communication, after consulting the HAC, authorizes the creation of audiovisual media all through the nationwide territory.
It withdraws the approval upon referral to the HAC. » Does the method of the Minister of Info and Communication adjust to the spirit of the final paragraph of this provision? In different phrases, has the HAC contacted the Ministry of Info and Communication to denounce the non-compliance with the content material of the specs by the media affected by this determination?
Additionally, the provisions of article 4 of the aforementioned HAC Legislation present that: “The HAC, after supply of approval by the Ministry of Info and Communication, allocates frequencies to audiovisual media.
It decides to withdraw frequencies from audiovisual media…. » The query that have to be requested at this stage is whether or not this determination to withdraw frequencies was taken by the HAC, as talked about within the final paragraph of this provision?
By studying between the strains the provisions of this determination of the Minister of Info, two main observations emerge on the shape:
- No provision of Minister Fana Soumah’s determination mentions any referral to the Ministry of Info and Communication by the HAC for non-compliance with the content material of the specs by the media involved;
- The criticisms made by the Ministry of Info in opposition to the media involved should not express.
From the entire above, it’s clear that the media whose licenses have been withdrawn can certainly problem this determination of the Minister of Info and Communication earlier than the Administrative Chamber of the Supreme Courtroom, as a result of all the things means that There might be a procedural defect.
Simple MARA, Juriste